That's ridiculous. I hope you can dig deep and find a way to get it registered. The 25 year law is pretty clear for the US, so I'd have to see the states specific law and intentions.

Sent from my Galaxy S5 using GT-R Life mobile app

 

State laws cannot trump federal law. Did whoever you talk to offer to tell you exactly WHAT state law is "overriding" the federal law? I would ask them to provide the exact state law which they are referencing and then I would turn around and provide it to NHTSA, specifically the OVSC (202) 366-3151.

What you can do is get the email address of the people at your local DMV and copy importandcertification@dot.gov in an email asking for clarification on federal regulations for a box 1 import to be allowed in Hawaii. Specifically, mention you are wanting to register said vehicle and the DMV is giving you problems (then explain the issues).

The problem is that Hawaii, like a few other states, carries redundant laws to re-cite federal law for registration requirements. This practice is incorrect as they did not account for older and foreign vehicles which are legal to be imported to the US, thus the issue is created that "said vehicle does not conform to FMVSS and therefore we will not register it". NHSTA takes a stance that title and registration is state's responsibility and not a federal matter, however in the case where the state simply does not understand federal law there's room to argue this until you're blue in the face and get a title. In fact, most states have laws to protect residents and give them the right to a title if the vehicle is legal, which in the case of a box 1 import - it is. If at this point you are still not getting anywhere then I recommend seeking a Hawaii based lawyer that specializes in working with the DMV and auto dealers, they will be well versed in title and registration issues with the state and likely have a field day with this. All you have to do is kick up a little dust and people at the DMV will start to move with a purpose.

Last year I had personally called the DMV in Hawaii and asked about registering a JDM vehicle in the state and was told there was no issue as long as there was paperwork to support the purchase of the vehicle and it was legally imported.

 

+1, as I mentioned to the OP best to talk to the person who handles gray market imports/registrations at that states DMV to clear things up.

 

I talked to a guy about exactly this problem a while back and the relevant law that he cited is one in which Hawaii will only allow a car to be registered if it has what's referred to as a "Fed label" - the FMVSS label that certifies it meets Federal safety standards. It really doesn't override the Federal 25-year exemption in that they're not saying a 25-year old JDM car isn't legal to be in the USA at large, they're just saying they won't allow it into their state - in much the same way California has existing regulations that prohibits Skylines based on their local emissions regulations. Based on that there's probably little the NHTSA would do over this because states are allowed to specify their own rules as to which cars are legal to register since that's their area, not the Feds.

Sean Morris (the guy who wrote the book on Skyline importation) looked into this a while back and as far as he could find there was no work-around. He wrote an article about it here:

http://www.importavehicle.info/2014/02/direct-import-vehicles-over-25-years.html

 

I talked to a guy about exactly this problem a while back and the relevant law that he cited is one in which Hawaii will only allow a car to be registered if it has what's referred to as a "Fed label" - the FMVSS label that certifies it meets Federal safety standards. It really doesn't override the Federal 25-year exemption in that they're not saying a 25-year old JDM car isn't legal to be in the USA at large, they're just saying they won't allow it into their state - in much the same way California has existing regulations that prohibits Skylines based on their local emissions regulations. Based on that there's probably little the NHTSA would do over this because states are allowed to specify their own rules as to which cars are legal to register since that's their area, not the Feds.

Sean Morris (the guy who wrote the book on Skyline importation) looked into this a while back and as far as he could find there was no work-around. He wrote an article about it here:

http://www.importave...r-25-years.html

+1. A lot of people are getting flagged with pre 74' cars imports . Goes all the way back to 1966. Some states dont have issues. This case they do.

 

Thanks guys. I'll probe into our DMV and start pushing some buttons. I think they just told me that to get rid of me.

 

The way the Hawaii statute works the only way it appears to bring in a Skyline would be if you had one that was certified by a registered importer and so had a Fed label put on it. They wouldn't do that for a Skyline under the 25-year exemption but a Motorex car would have it.

 

I actually had a chat with the state DOT guy John Lovested I think his name was and it would be illegal for the entire state since its illegal at the state level. Outer islands dont really care as much so they will let it go with little resistance. But for the case of that guy that took his car to the big island... he brought it back and got a recon ticket. I also talked to sean morris before about this and it seems the only way to get this issue "OK"ed at the state level was to basically start a petition and have a state representative or state representative propose a bill revision to amend that reference to the FMVSS. But the other issues with it lies with recon... and safety... the headlights... tail lights... and speedo... and tach all need to be in Imperial units... to pass safety or so the recon people (I dont know how much of a stickler they are since i know people passing recon with 240sx kouki tails) We could wait for another 10 years and try it with the 35 year rule and classify it as a historic vehicle... but that only falls into that category if it is 100% OEM or direct OEM replacement parts... so if its modded at all the statute would not apply. Basically the state DOT guys hate this car... and any gray market cars for that matter... that is what i got from talking to him. I tried to get a motorexed R32 brought in... i was actually flying up to cali to buy it and bring it in... but even at that the DOT inspector gave me crap about it... they only want to see R33s here and at the time i didnt care enough to jump through all the hoops... and i ended up getting a 2010 GTR instead... Needless to say... SOMEONE needs to find a loop hole... if you guys do let me know too! i want to jump in on the old school skyline train.

 

What most people miss is that State law and Federal law are completely different. Federal law says that you can legally import the car into the US and have it released from customs free of any regulations if the car is 25 years or older. State law is about registering the car in that state, not importing it into the US. For example, in California you have to meet smog regulations to register the car, even though it is 25 years old and exempt from EPA. California smog is not EPA, it is another regulatory body and MUST be met to be registered in the state. This makes registering a JDM vehicle in California too difficult and expensive. See what I mean? Just because your car is federally legal does not mean it meets all of the states regulations to register it.

In Hawaii they have their own regulations, and if your car doesn't meet that regulation, you are out of luck. What I do know is that different islands do it differently in Hawaii. I have a friend online who has been dealing with getting his Skyline registered in Hawaii and couldn't do it on his island. He shipped it to another island and was successful there. If you are interested in knowing more, PM me and I will get you in contact with him.

 

Oh, Oliver already stated what I just said above lol. Maybe I should read before I write.

 

Yes you are correct. I could bring it in to a neighboring island and have it registered there. The only problem is that I am not a resident nor do I have family or friends that I can use their mailing address and claim the car is a resident on such island. But where there's a will there's a way. Or I may just wait for the R33 or pay through the but for a motorex car

 

Make a friend on that island, he'll even rent a P.o. Box or storage unit and get it registered there...

 

The op might have more liability involved than a 240SX. More owners NAGTROC here like to follow the laws than skirt them.

 

Talk to the main person at DMV that handels gray market cars, there was a lot of abuse a while back and I think someone that you spoke with at the DMV has the 1/2 ass DMV book. Mean while the crack head next to you in line gets everything through DMV.

 

What most people miss is that State law and Federal law are completely different. Federal law says that you can legally import the car into the US and have it released from customs free of any regulations if the car is 25 years or older.

Just use a lot of caution when bringing something over from Canada, make sure you have a broker do all of the paperwork and get everything up front, do not just roll up to the border with your car on a trailer you will get shut down and have a really shity trip or as the trucker told me who was bringing down my skyline from Canada told me the trailer-ed Nissan in front of him was sent to secondary inspection as he was to check the vins and paperwork on my GT-R.

Make sure a broker your working with is in the know on this and make sure your 1000% honest what your importing.

Forms:
EPA HS7 Box 1 = 25 years old
DOT 3520 Box E = 21 years old.

State law is about registering the car in that state, not importing it into the US. For example, in California you have to meet smog regulations to register the car, even though it is 25 years old and exempt from EPA. California smog is not EPA, it is another regulatory body and MUST be met to be registered in the state. This makes registering a JDM vehicle in California too difficult and expensive. See what I mean? Just because your car is federally legal does not mean it meets all of the states regulations to register it.

If you absolutely have to have it titled in California its at min will cost $10k to get it emissions compliant with a test lab and there will extra costs involved.

+

So as of now there is something in the books or California Assembly they are working on to say cars that are 25 years and older do not need to qualify for the smog program. It's still in the works but and its really odd how they are writing it up. Still though lets back up on this part. I picked up a Kei car Honda City Turbo to get it legal for California you have to go through a emissions test lab that is a certified and bonded RI who can perform the work it will cost easly $10K to make it legal for California there are issues that the car can not be made legal for California. Good points you touched on, issue is if its going to be Legal and sold in California has to be ETL certified and its expensive.

 

It was a prime fiasco legalized r32. Hawaii state DOT mentioned that they don't recognize the grand gathered in ones. They only recognized the r33s. Though I could not get a specific law reference that made it illegal. That's what gave me the impression that they just did not want to deal with it l and basically want to make you jump through some major hoops to get it to be allowed to be driven on Hawaii roads.

 

Hope someone figures away around this problem.

 

Hawaii and somewhat California is hardest to get the car registered with the DMV. keep me in the loop please on what happens!

 

21 years = DOT = 1994 as of now

25 years = EPA = 1990 as of now

----------------------------------------------
5 years before R33's will be legit.

 

Surely if the (enough) people were to petition, the government would have to rewrite/rethink the laws.
There has to be thousands of people willing to back this idea up.

 

LOL when i see the r33 for sale on craigslist today.

http://honolulu.craigslist.org/oah/cto/5248479306.html

I'm curious how its tire stepped it's foot on this island without impound

 

LOL when i see the r33 for sale on craigslist today.

http://honolulu.crai...5248479306.html

I'm curious how its tire stepped it's foot on this island without impound

Haha, this is a Canadian car that was brought into the US as a "visiting" vehicle. Basically a Canadian brought it into California while "visiting" and sold it to this American sucker who didn't do his research. That car will stand no chance at being federally legal until it hits 25 years old. I feel bad for him....but damn. Do people just throw money at sellers these days without doing a quick google search?

 

It didn't get raped in California's DMV? lol
I just think that the fact he bought it in cali.. and got it shipped into Hawaii impresses me.
AND IT's NOT EVEN 25 YEARS OLD

 

Would this be legal in Hawaii once it's in the 25 mark? Or just get raped the same way the r32 was by laws..?

 

It wouldn't be any different unfortunately.

 

anyone found a way to have a r32 skyline in hawaii? sucks hawaii is so strict about the federal law even with the 25 year car law of the car being exempt from FMVSS...

 

buy an S13 cut the entire frame off an S13 weild and make it Left hand drive as well. Problem solved. cant sell it it would be a one time deal. BTW bubble is going to pop on the market soon.